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Raj Kumar Luthra & Anr vs State Of Punjab & Anr

Supreme Court Of India|08 February, 2013
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JUDGMENT / ORDER

Summary

Issue: Stay of proceedings
Rule: Section 482 of the Code of Criminal Procedure, 1973
Application: The appellants have sought a stay of the proceedings before the Chief Judicial Magistrate, Gurdaspur.
Conclusion: The Supreme Court has stayed the proceedings before the Chief Judicial Magistrate, Gurdaspur, pending the disposal of the appellants' application under Section 482 of the Code of Criminal Procedure.
1. Leave granted.
2. This appeal is directed against an interim order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc.No.10716-M of 2009 (O & M), dated 23rd April, 2009, whereby the High Court has issued notice and the appellants were directed to appear before Chief Judicial Magistrate, Gurdaspur and deposit an amount of Rs.15 lakhs.
3. This Court, vide order dated 24th July, 2009, while issuing notice, has passed the following order :
“.... In the meanwhile, subject to the petitioners' depositing the amount of Rs.15 lakhs within four weeks' from today, the operation of the imopugned order shall remain stayed. However, the amount so deposited shall not be disbursed without the leave of this Court.
The petitioners shall not be arrested till the next date.”
4. In the facts and circumstances of the case and having heard the learned counsel for the parties to the lis, we are of the considered opinion that the order dated 24th July, 2009 passed by Page 1 : 2 :
this Court be made absolute and is made absolute. The appeal is disposed of accordingly.
Liberty is also reserved to the appellants to request for disposal of the application filed by him under Section 482 of the Code of Criminal Procedure, 1973, pending before the High Court.
Ordered accordingly.
. J.
(H.L. DATTU) . J.
(RANJAN GOGOI) NEW DELHI; FEBRUARY 08, 2013 Page 2
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Title

Raj Kumar Luthra & Anr vs State Of Punjab & Anr

Court

Supreme Court Of India

JudgmentDate
08 February, 2013
Judges
  • H L Dattu
  • Ranjan Gogoi